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Article 1. Nature of the Company and definitions – preliminaries

a. Historic Competition Services BVBA (hereafter HCS) is, amongst other things, involved in the purchase, sales, maintenance, repair, restoration and preparation of old to very old cars and other vehicles, old-timers and racing cars. The nature or these activities means, amongst other things, that it is impossible to determine the origin, production process, previous use and consequently the current condition, sturdiness, quality, etc., of all goods. These general terms and conditions, specifically those concerning HCS’s liability and warranty extended, must be considered and interpreted in respect of the specifics of HCS’s activities.
b. Definition of a client: all natural persons, legal persons, or other agents entering into (legal) transactions who enter into agreement with HCS in whatever form, be it as purchaser of certain goods, as a customer requesting repairs or restoration, etc.

Article 2. Validity

a. These terms and conditions are applicable to all our offers, estimates, quotations and agreements.
b. Changes to these terms and conditions are only possible by express written agreement.
c. Where necessary, HCS will explicitly not accept the client’s terms or conditions in whatever form being applied. The client hereby accepts that these terms and conditions take precedence to the client’s normal terms and conditions.

Article 3. Price list

a. Our price list and estimates are without engagement and will only lead to an agreement if they are not revoked in writing by us once they have been accepted by the client. Orders of goods falling outside of an HCS repair or maintenance order will only be completed following an advance payment of an invoice amounting to between 25 to 50% of the total cost expected by HCS. Should these goods have to be ordered from a supplier, then HCS reserves the right to only order the goods from the supplier, once the advance payment has been made.
b. Any revocation as stipulated in this article will be send no later than ten working days following receipt of acceptance.

Article 4. Prices

a. All our prices are exclusive of VAT, turnover tax or other taxes or charges and are valid for thirty days, except for the stipulation as stated in article 4b. All levies, taxes or charges remain for the account of the client.
b. Since our suppliers’ prices can change at short notice HCS reserves the right, under these circumstances, to alter its prices at the same time in relation to the price changes by the supplier, as long as the goods have not been delivered.

Article 5. Special clauses

a. Estimate/quotation:

1.An HCS estimate is an offer which remains valid for two weeks and is always provided conditional on costs, damage and defects which cannot be ascertained without dismantling.
2. Should an estimate not be followed by an order, the individual providing the request for the estimate will be liable for at least € 75,00 which will be increased by compensation for the costs of storing the vehicle at a rate of € 5,00 per day.
3. Names, types, capacity, diameters, bores and other references in our estimates are not necessarily scientifically correct and are not binding. These details provided by HCS are used as an indication and are provided for information purposes only.
4. Documents concerning our estimates and/or our order are strictly confidential. They may not be reproduced or distributed to third parties and must not be used to the disadvantage of the author who remains the documents’ owner. All calculations, drafts, samples, models, drawings etc. remain our exclusive property, including following the completion of the order. They must be returned to us without cost and in good condition on request.

b. Testing the parts and vehicles:

Whenever a vehicle or a part is tested by HCS and is subjected in this process to normal, or extreme conditions, or is overloaded, HCS cannot, under any circumstance, be held liable for any possible damage which could be caused by these tests.

c. Transport:

The client remains liable, at all times, for the risk and cost of delivery, collection and transport of goods and vehicles, unless explicitly agreed otherwise in writing.

d. Storage fees and collection of vehicles:

1.Should a vehicle be stored at HCS for whatever reason, compensation for the costs of storage will be at a rate of € 5,00 per day.
2. The client undertakes to collect the vehicle within four weeks of completion of the work, or following the estimate if this is not followed by an agreement or following purchase of the vehicle. In the event that the vehicle is not collected on time by the client, or should delivery have been agreed, but the client refuses to accept the vehicle, we will be entitled to rescind the agreement without formal notification of default and without prejudicing our right to compensation for damages, irrespective of whether the vehicle is being stored at our warehouse or elsewhere at the client’s cost.
3.HCS can under no circumstances be held liable for goods or vehicles which have been left behind or not collected (on time).

Article 6. Force majeure

In the event that HCS is prevented from fulfilling its obligations or should these obligations become more difficult or expensive to fulfil, due to force majeur, then HCS is entitled to postpone the completion of its obligations in respect of the agreement, or to consider the agreement as partially rescinded, or rescinded as a whole, as it believes appropriate, without the client being entitled to any compensation for costs, damages or interest in this respect. Force majeur includes amongst other things: war, threat of war, civil unrest, fire, company inactivity, strike action, floods, stagnation and respectively the reduction or termination of public utilities’ supply, restrictive measures by government, including prohibition of supply by any private company or public authority, the non-fulfilment or partial fulfilment of obligations by third parties, abnormal weather conditions, transport problems, lack of raw materials, consumable supplies or fuel and all circumstances beyond control of HCS, through which HCS cannot, albeit temporarily, fulfil its obligations.

Article 7. Liability

a. HCS is only liable for damage caused by serious negligence or malice by itself, its personnel or individuals appointed by HCS. b. Under no circumstances can HCS be held liable for damage, in whatever form, following from theft of a vehicle or fire, during the time the vehicle is stored by HCS or is responsible for it. The client accepts that HCS is not insured against theft or fire of vehicles stored at HCS or under its care.
c. The client undertakes to safeguard HCS against all claims by third parties in respect of compensation for damage, other than that specified in the first sentence of this article. d. Any claims regarding goods with visible defects will not be accepted as soon as the goods have been used or installed. Once installed or used the full liability of the goods transfers to the client. e. A claim for compensation for damages and/or repair or replacement will not be accepted three months after the client has reported the damage or fault, under all circumstances and in any event will expire one year after delivery. f. HCS is under no circumstances liable for any faults arising due to poor conditions of storage, or the location, dryness or moisture content, temperature or abnormal conditions of the storage facilities where the vehicles and our goods are stored or used. g. HCS is under no circumstances liable for any compensation for damages, be it for direct or indirect, material or moral damages, which could be incurred by the client through a technical defect to the vehicle or goods supplied, or by an accident or otherwise. h. Should the client incur damages through the execution of this agreement and should HCS be liable for this, our compensation obligation will not amount to more than 50% of the invoice, under all circumstances, excluding VAT or other taxes and charges. All claims concerning consequential loss, moral damage or indirect damage are excluded.

Article 8. Reservation of title

All goods and vehicles which have not been paid for in full remain the property of HCS in full. This differs from article 1583 of the Civil Code. The risk associated with these goods and vehicles will be transferred to the client once the agreement has been concluded.

Article 9. Complaints

a. Complaints regarding goods delivered or services must under all circumstances be reported to HCS by registered letter within ten working days following delivery and in exceptional circumstances, within ten working days once the fault has been discovered or could reasonably have been expected to have been discovered, in the absence of which all entitlements to compensation, in whatever form, which could have followed from this, will expire.
b. Complaints concerning invoices must be provided by the client to HCS within eight days following the invoice date.
c. The client is not entitled to postpone any payment obligation or attempt to produce a final settlement by means of a counter-claim.

Article 10. Payment

a. All our invoices are payable on delivery. The client will without formal notice be held in default by law following non-payment on the due date and HCS will be entitled to rescind, notwithstanding our remaining rights according to the law, the agreement or these terms and conditions. This stipulation should be considered as an explicit cancellation clause. Non-payment of a single invoice on its due date will mean that all balances of other invoices will be immediately due by law, even if these invoices are not yet due. In addition, non-payment also entitles us to cease all subsequent deliveries or services, in order to avoid an increase in sums owed and this without providing a dunning letter.
b. Following non-payment on the due date a contractual interest rate of 10% per annum of the total invoice will be owed, by law and without formal notification of default or notice for each month started. In addition, following non-payment on the due date 10% of the invoice amount with a minimum of 125,00 Euro will be owed as compensation for damages, which is intended to compensate HCS for damages incurred though administrative costs and costs which are integral to the management of files for the collection of claims.
c. Should the client not fulfil its payment obligations in respect of HCS in full or is in default in respect of the collateral provided for the agreement, we are entitled to cease all further obligations in respect of that client.

Article 11. Guarantee

a. HCS does not offer any guarantee on any vehicles or second-hand parts sold.
b. Repairs and restorations will be carried out with the greatest care and with the best raw materials available. Given the adverse conditions which the goods and vehicles have been subjected to and will be subjected to, we cannot provide any guarantee or accept any liability, outside of the stipulations in this article, for errors or faults which these goods or vehicles may exhibit, including accidents or damage to individuals or objects arising from this.
c. Repairs are covered by a guarantee of 3 months from the invoice date, under the conditions described below.
d. The guarantee for repairs exclusively covers exchanges, at our workshop and at our expense, of all new goods with an invisible defect at time of purchase, either caused by a fault in the raw material or serious negligence in the installation. Nevertheless, the guarantee does not, under any circumstances cover work or objects not carried out or not manufactured by HCS (for instance, but not limited to: belts and electrical material). The guarantee does not, under any circumstances, cover second-hand parts, whether or not these were used at the client’s request. The guarantee will expire immediately the vehicle is used in rallies or other similar events.
e. Goods exchanged under guarantee become HCS’s property.
f. The vehicle or goods will at all times be transported by HCS to the client, at the client’s own expense and risk. If a vehicle cannot be moved the client may opt for an HCS mechanic to be called out, in which event the time required to identify the cause of the breakdown, as well as the call-out fees will be charged to the client.
g. All improper use of the goods or vehicle supplied will render this guarantee null and void.

Article 12. Cancellation of an agreement

Following a partial of full cancellation of an order or assignment, HCS will be entitled to compensation amounting 15% of the cost, unless HCS is able to prove that greater damage has been incurred.

Article 13. Disputes

a. Belgian law is applicable to all our agreements concluded and any disputes following from them.
b. All disputes fall within the jurisdiction of the courts of Antwerp. We are entitled to submit claims, at our discretion, to the competent courts within the jurisdiction of our place of residence or that of the defendant.

Article 14. Divisibility

In the eventuality that one or more of the stipulations in these general terms and conditions should be declared null and void, this does not affect the validity of the remaining stipulations.

Article 15. Translation

In the event of a dispute the Dutch version of these terms and conditions takes precedence.

Invoice terms and conditions

Our invoices are payable on delivery at HCS’ registered office. All complaints regarding delivery and work carried out must be brought to HCS’ attention in writing eight days following receipt of the invoice. Following non-payment on the due date a contractual interest of 10% per annum on the invoice and a fixed amount for compensation for damages of 10% of the invoice with a minimum of €125.00 will be owed by law and without formal notification of default. Following non-payment of a single invoice on its due date, all other outstanding invoices will become immediately due. The courts of Antwerp gave exclusive jurisdiction in the event of a dispute. The client acknowledges to be aware of the general terms and conditions of sale and repair of HCS as printed above and as available from the website www.historiccompetitionservices.be

Banking details:

Historic Competition Services BVBA
IBAN: BE17 3631 4416 9221
BIC: BBRU BE BB
Address bank: Kerkplaats 30, 2160 Wommelgem